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<br />6 <br /> <br />2. Currently, the I5-mile reach is the second priority area (behind the Yampa <br />River and tied with the White River) for investigating water rights <br />acquisition under the Recovery Program. If the Service, in consultation <br />with the Implementation Committee of the Recovery Program, determines that <br />protection, acquisition, and appropriation of instream flows in the 15-mile <br />reach of the Colorado River are no longer high priority activities that are <br />being actively pursued, and Recovery Program resources are not allocated <br />for that purpose, then the acquisition of 3,000 acre-feet of water rights <br />in other parts of the Upper Colorado River Basin will satiSfy the terms of <br />this agreement and the River District will be free to use the 3,000 acre- <br />feet discussed in paragraph IV, sUbparagraph 1.b., for River District <br />purposes. In addition, the Service, if requested by the River District, <br />will evaluate whether progress under the Recovery Program that results in <br />significant protection of instream flows in other parts of the Upper <br />Colorado River Basin are sufficient to relieve the River District of its <br />commitment under this MOU. <br /> <br />3. If this HOU is still in effect after 15 years from the date of execution <br />(because replacement water has not been acquired pursuant to paragraphs <br />V.I. and V.2.), consultation will be reinitiated to evaluate the continuing <br />need for no IOOre than the amount of water as provided for in this MOU or <br />other options that may be available for offsetting project depletions. It <br />is further understood that if consultation is reinitiated, Muddy Creek. <br />Reservoir will be evaluated consistent with then current consultation <br />procedures for all other projects in the Upper Colorado River Basin, based <br />upon project depletions and associated impacts and the best scientific and <br />commercial data available. <br /> <br />VI. Proiect Officers <br />U.S. Fish and Wildlife Service <br /> <br />Program Director <br />Colorado River Recovery Program <br />P.O. Box 25486, DFC <br />Denver, Colorado 80225 <br />303/236-7398 <br /> <br />Co 1 orado River Water <br />Conservation District <br /> <br />Secretary/Engineer <br />P.O. Box 1120 <br />Glenwood Springs, Colorado 81602 <br />303/945-B522 <br /> <br />VII. Modification <br /> <br />Modifications EY be proposed by either party at any time during the period <br />that this HOU is in effect and shall become effective upon written concurrence <br />by both parties. <br />